Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 285 1

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Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.

Dated 11 December 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

ROBERT HILL

Minister for the Environment

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1.   Commencement

1.1   These Regulations commence on 12 December 1996.

2.   Amendment

2.1   The Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations are amended as set out in these Regulations.

3.   Regulation 2 (Interpretation)

3.1   Omit the regulation, substitute:

Interpretation

 “2. In these Regulations:

‘Act’ means the Hazardous Waste (Regulation of Exports and Imports) Act 1989;

‘approved recovery facility’, for a Basel import permit, means a facility approved under regulation 7 of the Hazardous Waste (Regulation of Exports and Imports) Regulations;

‘approved recovery facility’ for a special import permit under the OECD Decision Regulations, means a facility approved under regulation 42 of those Regulations;

‘OECD Decision’ has the same meaning as in the OECD Decision Regulations;

‘OECD Decision Regulations’ means the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations.

“[Note: Words and phrases used in these Regulations that are defined in the Act have the same meaning in these Regulations as they do in the Act: see Acts Interpretation Act 1901, s. 46 (1) (a). For example, section 4 of the Act includes definitions of ‘Basel Convention’, ‘Basel export permit’, ‘Basel import permit’, ‘Basel transit permit’, ‘special export permit’, ‘special import permit’, and ‘special transit permit’.]”.

4.   Schedule (Fees for application)

4.1   Omit the Schedule, substitute:

 SCHEDULE Regulation 3

APPLICATION AND NOTICE FEES

Column 1 Item	Column 2 Application or notice	Column 3 Fee
$
Basel permits
1	application for a Basel export permit (other than an application mentioned in item 2)	4,440
2	application for a Basel export permit: (a) made within 12 months of the grant of a permit of the same type; and (b) in relation to an export proposal of the same type as the proposal to which the earlier permit relates; and (c) the grant of which being: (i) consequent on the earlier permit ceasing to be in force; and (ii) subject to the same conditions	420
3	in relation to an application for a Basel export permit—a notice given in accordance with the Basel Convention to a foreign country through which the waste is to be transported	110
4	application for a Basel import permit (other than an application mentioned in item 5)	270

SCHEDULE —continued

Column 1 Item	Column 2 Application or notice	Column 3 Fee
$
5	application for a Basel import permit  authorising hazardous waste to be sent to an approved recovery facility	210
6	application for a Basel transit permit	110
7	application to vary a Basel export permit	370
8	application to vary a Basel import permit	210
9	application to vary a Basel transit permit	110
Special permits under the OECD Decision Regulations
10	application for a special export permit (other than an application mentioned in item 12)	480
11	in relation to an application for a special export permit—a notice given in accordance with the OECD Decision to a foreign country through which the waste is to be transported	110

SCHEDULE— continued

Column 1 Item	Column 2 Application or notice	Column 3 Fee
$
12	application for a special export permit: (a) made within 12 months of the grant of a permit of the same type; and (b) in relation to an export proposal of the same type as the proposal to which the earlier permit relates; and (c) the grant of which being: (i) consequent on the earlier permit ceasing to be in force; and (ii) subject to the same conditions.	420
13	application for a special import permit (other than an application mentioned in item 14)	270
14	application for a special import permit  authorising hazardous waste to be sent to an approved recovery facility	210
15	application for a special transit permit	110
16	application to vary a special export permit	370
17	application to vary a special import permit, (other than an application mentioned item 18)	210
18	application to vary a special import permit authorising hazardous waste to be sent to an approved recovery facility	110
19	application to vary a special transit permit	110

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 December 1996.

2. Statutory Rules 1990 No. 130.